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Document Sample

Florida Durable Power of Attorney Template

This Durable Power of Attorney is executed in accordance with the laws of the State of Florida. It grants authority to the designated agent to act on behalf of the principal in financial matters, as specified below.

Principal Information:

  • Name: __________________________________
  • Address: ________________________________
  • City, State, Zip: ______________________
  • Date of Birth: __________________________

Agent Information:

  • Name: __________________________________
  • Address: ________________________________
  • City, State, Zip: ______________________
  • Relationship to Principal: _______________

Grant of Authority:

The Principal hereby grants the Agent the authority to act for the Principal in any lawful way with respect to the following matters:

  1. Managing financial accounts and transactions.
  2. Purchasing and selling real estate.
  3. Operating business interests.
  4. Paying taxes and managing debts.
  5. Handling insurance claims.

This Power of Attorney shall remain in effect until revoked by the Principal or until the Principal's death.

Signature of Principal:

___________________________ Date: _______________

Witnesses:

Two witnesses must sign below. Witnesses may not be the Agent or related to the Principal.

  • Witness 1 Name: ______________________ Signature: ______________________ Date: _______________
  • Witness 2 Name: ______________________ Signature: ______________________ Date: _______________

Notary Public:

State of Florida

County of _______________

Subscribed and sworn before me this _____ day of ___________, 20__.

______________________ (Notary Signature)

My commission expires: ____________

Form Data

Fact Name Details
Definition A Durable Power of Attorney allows you to appoint someone to manage your financial and legal affairs if you become incapacitated.
Governing Law This form is governed by Florida Statutes, Chapter 709.
Durability The term "durable" means that the power remains effective even if you become mentally incapacitated.
Revocation You can revoke the Durable Power of Attorney at any time, as long as you are mentally competent.

Florida Durable Power of Attorney - Usage Guidelines

Filling out the Florida Durable Power of Attorney form is an important step in ensuring that your financial and legal matters are handled according to your wishes. Once the form is completed, it should be signed and dated in the presence of a notary public and two witnesses. This will make the document legally binding.

  1. Obtain the Florida Durable Power of Attorney form. You can find it online or at a legal office.
  2. Read through the entire form carefully to understand what information is required.
  3. Fill in your full name and address in the designated sections at the top of the form.
  4. Identify the person you are appointing as your agent. Include their full name and address.
  5. Decide on the powers you want to grant your agent. You may choose to give them broad authority or limit it to specific tasks.
  6. Sign and date the form at the bottom. Make sure to do this in front of a notary public.
  7. Have two witnesses sign the form. They must also provide their addresses.
  8. Make copies of the completed form for your records and for your agent.

Dos and Don'ts

When filling out the Florida Durable Power of Attorney form, it is important to follow specific guidelines to ensure the document is valid and effective. Here are four things to do and not to do:

  • Do: Clearly identify the principal and agent in the form.
  • Do: Specify the powers granted to the agent in detail.
  • Do: Sign the document in front of a notary public.
  • Do: Keep a copy of the signed form for your records.
  • Don't: Leave any sections of the form blank.
  • Don't: Use vague language when describing powers.
  • Don't: Forget to date the document when signing.
  • Don't: Assume that verbal agreements are sufficient; always use written documentation.

Common mistakes

  1. Not specifying powers clearly: People often fail to detail the specific powers they want to grant. Without clarity, the agent may not have the authority to act as intended.

  2. Choosing the wrong agent: Selecting someone who is not trustworthy or reliable can lead to misuse of power. It's essential to choose someone who understands your wishes.

  3. Not signing in front of witnesses: In Florida, the form must be signed in front of two witnesses. Skipping this step can invalidate the document.

  4. Failing to date the document: Forgetting to include a date can create confusion about when the powers take effect. Always include the date of signing.

  5. Not revoking previous powers: If a previous Durable Power of Attorney exists, it should be revoked. Failing to do so can lead to conflicts between documents.

  6. Ignoring state-specific requirements: Each state has unique rules. Not following Florida's specific guidelines can render the document invalid.

  7. Overlooking alternate agents: It's wise to name an alternate agent in case the primary agent is unable or unwilling to act. Many people forget this important step.

  8. Not discussing the document with the agent: Failing to communicate your wishes with the chosen agent can lead to misunderstandings. Open dialogue is crucial.

  9. Using outdated forms: Legal forms can change over time. Always ensure you are using the most current version of the Florida Durable Power of Attorney form.

  10. Neglecting to keep copies: After completing the form, it’s important to keep copies for yourself and provide one to your agent. This ensures everyone is on the same page.